Posted: August 3rd, 2018
A former Business Development Executive for Kepak Convenience Foods Unlimited Co, Gráinne O’Hara, has been awarded €7,500 in relation to breaches of the Organisation of Working Time Act.
Ms O’Hara had to handle out-of-hours work emails, a number of which took place after midnight. These request let to extra work of over 48 hours a week on multiple occasions.
Her (Ms O’Hara’s) contract of employment with the Kepak firm stated that her working week was 40 hours. She told the Court that she normally worked close to 60 hours a week. To reinforce her claims, Ms O’Hara showed the Court emails that she sent to and/or received from her employers both before her start time and after her normal finish time.
In addition to this, Ms O’Hara showed the Court emails that she received from her employers prior to 8am. Ms O’Hara told the court she had requested from Kepak, but was was not provided with, a copy of all of her emails while she worked there.
Ms O’Hara was employed at Kepak, based at the Blanchardstown facility, from July 2016 to April 14th 2017.
In response to the claims, Kepak argued that the volume level of work given to Ms O’Hara was not unusual for their staff members. They added that no other staff members had worked longer that the 48 hours in a week.
The Labour Court ruled that Kepak did not provide all of the details of Ms O’Hara’s emails and gave no evidence to contradict her evidence.
The court found that Kepak acted in a manner not in line with the Organisation of Working Time Act by requiring Ms O’Hara to longer than 48 hours a week. They also said that Ms O’Hara’s complaint had a firm basis.
Ms O’Hara appealed the Adjudication Officer work injury compensation award of €6,240 to her. Ms O’Hara argued that this was an adequate amount of personal injury compensation “for the systemic nature of the breaches of the Act involved in the case”. The Labour Court amended the Adjudication Officer’s award by 20% to an overall figure of €7,500.